updated 07:58 pm EDT, Fri September 7, 2012
Both parties need additional time for workload, additional products
Motorola and Apple are continuing their legal battles in two different venues, but have agreed on something for the first time. Yesterday, both companies asked the US Court of Appeals for the Federal Circuit for 60 additional days to file their initial pleadings. In a separate filing in the Southern District of Florida, the pair also asked for additional time for filings in that case.
The case before the Court of Appeals in Illinois is an appeal on Judge Posner's's ruling from June dismissing the entire suit with prejudice. Apple's opening brief is due on September 28, and the Motorola filing would be due 40 days after Apple's submission. In the joint filing asking for the delay, both parties called ""the complexity of this case and the press of other matters" instrumental in requiring a 60-day extension of the deadlines.
Should the joint motion in the appeals court be granted, Apple's new deadline would be November 27, with Motorola's to follow 100 days later on March 11, 2013 in a court in Alexandria, VA. Judge Posner has yet to rule on the motion.
An extension was requested in the US District Court in Florida suit primarily because both companies are launching new products, and each wants to be able to assess the competitors' products and possibly add them to the suit.
Judge Robert Scola of the Florida court granted the joint motion, and referenced Motorola's original complaints about Apple wanting to extend the deadlines. In the judge's filing, he said "Motorola, who so vehemently protested the longer schedule advanced by Apple and adopted by the Court, now (without a hint of irony) joins in a request to further extend deadlines. The Court is nonetheless pleased that the parties have been able to reach agreement on something."